Richsell Pty Ltd v Khoury D. [1995] FCA 781

CATCHWORDS DESIGNS - design registration in the shape and configuration of articles of furniture - furniture varied only slightly from prior art - whether designs were "new or original" within the meaning of s.17(1) Designs Act 1906 (Cth) - whether registration could be limited to features noted in the statement of novelty - registration under s.17(1) Designs Act "in respect of an article" - backrest cushion not "made separately" with the meaning of "article" in s.4(1) Designs Act - whether variations from prior art were mere trade variations - whether distinctiveness of appearance over prior art - weight to be accorded by an appellate court to a trial judge's findings Designs Act 1906 (Cth) - s. 4(1), s.17(1), s.28 British Franco Electric Pty Ltd & Anor v Dowling Plastics Pty Ltd (1981) 1 NSWLR 448 Dalgety Australia Ltd v F F Seeley Pty Ltd (1986) 10 FCR 403 Dart Industries Inc & Anor v The Decor Corporation Pty Ltd (1989) 15 IPR 403 Fisher & Paykel Healthcare Pty Ltd v Avion Engineering Pty Ltd (1991) 103 ALR 239 S W Hart and Co Pty Ltd v Edwards Hot Water Systems (1985) 59 ALJR 729 Macrae Knitting Mills Limited v Lowes Limited (1936) 55 CLR 725 Malleys Ltd v J W Tomlin Pty Ltd (1962) 180 CLR 120 J Rapee & Co Pty Ltd v Kas Cushions Pty Ltd (1989) 15 IPR 577 D Sebel & Co Ltd v National Art Metal Co Pty Ltd (1965) 10 FLR 224 Turbo Tek Enterprises Inc v Sperling Enterprises Pty Ltd (1989) 15 IPR 617 Wanem Pty Ltd v John Tekiela (1990) 19 IPR 435 RICHSELL PTY LTD v DAVID KHOURY QG5 of 1995 Davies, Spender & Whitlam JJ 25 September 1995 Brisbane

IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENSLAND DISTRICT REGISTRY ) No QG5 of 1995 ) GENERAL DIVISION ) On appeal from a decision of a single judge of the Federal Court of Australia BETWEEN: RICHSELL PTY LTD Appellant AND: DAVID KHOURY Respondent Coram: Davies, Spender & Whitlam JJ Date: 25 September 1995 Place: Brisbane MINUTES OF ORDER THE COURT ORDERS THAT The appeal be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.